Skip to main content

Insight article

August 2, 2020

Processing an estate as an executor during COVID-19

Adjusting to the challenges caused by Coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on executors may seem overwhelming.

In recent years there has been an increase in the number of claims brought against executors by beneficiaries. Coupled with increased financial hardship because of the Coronavirus pandemic, executors must understand their duties and obligations to avoid claims.

In this article, we set out what is required of executors and how to ensure you carry out your obligations to the best of your ability while lockdown restrictions and social distancing measures are in effect.

Act promptly and with reasonable care

Social distancing restrictions and other priorities brought about by the pandemic make it more challenging for executors to carry out their duties promptly. However, you must endeavour to do so. As an executor, you are legally obliged to meet any deadlines, such as for payment of taxes. Many institutions are experiencing significant delays because of the pandemic including HMRC and the Courts. You should ensure you have adequate time to meet these deadlines.

Protect and maximise the value of the estate

One of the main duties of an executor is to protect the estate and maximise its worth for the beneficiaries. There are several things you can do to make sure you comply with this duty while Coronavirus restrictions are in place. You should ensure that any property forming part of the estate is secure. Remove valuables from any unoccupied buildings and notifying insurers that the property is empty.

Stay in regular contact with beneficiaries of the estate

In this confusing and stressful era, beneficiaries may be feeling anxious about the estate. The fear of financial difficulty and concerns about the economy, may mean that beneficiaries are worried about the value of any property or investments of the estate. By staying in regular contact with beneficiaries you will alleviate these fears and keep them informed about the performance of the estate assets.

You may wish to seek professional advice from an experienced financial advisor, to ensure that you are minimising any losses.

Keep accounts up to date

You must keep accounts and records up to date. This may be more challenging because of COVID-19; however, this does not protect you from criticism from beneficiaries if you fail to do so. You must also be responsive when beneficiaries request accounts or information.

How should I deal with any difficulty from beneficiaries?

Sadly, even when you endeavour to carry out your duties as executor, you may face criticism from beneficiaries. The best way to deal with any difficulty is direct action. Take steps as soon as possible to mitigate the situation or contact an experienced lawyer for advice.

What if you do not want to act as an executor?

You should discuss this with the person who appointed you. If they have died, you may still be able to renounce your role as an executor if you have not carried out any actions as an executor. You can do this by signing a deed of renunciation. If you want to do this, you should do it as soon as possible. This is because, save in very limited circumstances, you cannot step down from the role once you have started acting as executor. Renouncing your role as an executor will not necessarily mean you forfeit any legacy left to you in the will unless the legacy was contingent upon you accepting the role.

If you need advice on any of the points raised in this article call private client lawyers James McMullan, who will be happy to help.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more

What they say...

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

  • Pal Peshikaj, December 2024
    “Compare Ben Marks and Martin Alfreds with MJ and Pippen – the conveyancers dream team. Both Ben and Martin were amazing in assisting us with the completion of our first purchase. Martin was always accessible, understanding and prompt whe

Read more
Send this to a friend